Case law

De La Paz v. Peters

959 F. Supp. 909 · District Court, N.D. Illinois · Mar 27, 1997

Qualified Immunity The defendants are entitled to summary judgment on the Eighth Amendment claim for another reason as well — qualified immunity. … “Under the doctrine of qualified immunity, government officials performing discretionary functions are shielded from liability for civil damages if ‘their conduct does not violate clearly established statutory or constitutional

Cates v. Cates

156 Ill. 2d 76 · Illinois Supreme Court · Aug 26, 1993

Clearly, the doctrine of parent-child tort immunity, its history and underlying policies were argued in Nudd. … What Hewlett “really did was to establish a new rule of exceptional character rather than enforce a rule already established.” (Dunlap, 84 N.H. at 358 , 150 A. at 908 (citing case).)

Ores v. Village of Dolton

152 F. Supp. 3d 1069 · District Court, N.D. Illinois · Dec 23, 2015

Qualified Immunity For the sake of compléteness, the Court will also address qualified immunity even though it has ’ already held’ that Chief Jones committed no constitutional violation because state-law mandamus, declaratory … Qualified- immunity protects government.officials “from liability for civil damages insofar as their conduct does not violate, clearly established statutory or constitutional rights of which a reasonable *1088 person would

Kirnbauer v. Cook County Forest Preserve District

215 Ill. App. 3d 1013 · Appellate Court of Illinois · Jun 17, 1991

Our review of the record here establishes that no material facts were in dispute, as shown by the legal documents and other evidence before the court, and that the question of interpretation of the Tort Immunity Act is a … In the present case, the warranty deed of record clearly establishes that defendant owns realty known as the Tampier Slough Forest Preserve and the southern boundary as the southern section of line 31, which lies in the center

Hampton v. Hanrahan

522 F. Supp. 140 · District Court, N.D. Illinois · Aug 4, 1981

Where the conspiracy has been concealed, the cause of action does not accrue and the limitations period does not begin to run until the date plaintiffs discover — or should have discovered — the evidence which establishes … This “close question” is clearly left to the sound judgment of the district court. Russ, supra, and cases cited therein. 5 .

Grane v. Grane

143 Ill. App. 3d 979 · Appellate Court of Illinois · May 21, 1986

Plaintiff clearly pleaded for rescission of the arbitration agreement, and, in the alternative, for damages against Boodell. … It is well established that “an arbitrator is immune from suit for all acts which he performs in his capacity as an arbitrator.” (Tamari v. Conrad (7th Cir. 1977), 552 F.2d 778, 780 , quoting Cahn v.

Aetna Life & Casualty Insurance v. United States

508 F. Supp. 298 · District Court, N.D. Illinois · Feb 20, 1981

The burden is upon the moving party to establish the lack of a triable issue of fact, and all doubts must be resolved against that party. Adickes v. S. H. … The FTCA provides a limited waiver of sovereign immunity for recovery in tort actions against the United States.

Pommier v. James L. Edelstein Enterprises

816 F. Supp. 476 · District Court, N.D. Illinois · May 20, 1993

Pommier’s reliance upon these cases, however, is misplaced. (,Jn Marshall , the Seventh Circuit confronted an interlocutory appeal from a district court order denying summary judgment on a claim of qualified immunity. … In any event, it is irrelevant to the determination of qualified immunity whether it was clearly established that supervisors could be held liable under the two statutes....

The People v. Price

371 Ill. 137 · Illinois Supreme Court · Feb 15, 1939

Clearly the evidence of Allen before the grand jury was competent. It was not necessary for the trial judge, in disposing of the motion, to adopt Price’s theory of defense. … The court simply reversed the order of proof and kept the burden upon the People to establish the confession as his voluntary act.

Rojicek v. Community Consolidated School District 15

934 F. Supp. 280 · District Court, N.D. Illinois · Jul 23, 1996

Defendants also argue that they are entitled to summary judgment on the ground of qualified immunity. … Under this doctrine, public officials performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person

MCI Communications Corp. v. American Telephone & Telegraph Co.

462 F. Supp. 1072 · District Court, N.D. Illinois · Oct 6, 1978

These decisions clearly have established that AT&T is duty bound to honor reasonable requests for the interconnection of AT&T facilities with specialized carrier facilities.” … Clearly, these allegations state a claim of antitrust violation falling within the sham exception to the Noerr immunity. Otter Tail Power Co. v.

Evans v. Page

Appellate Court of Illinois · Jun 18, 2003

Section 202 of the ADA provides as follows: "Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the … Although Congress properly and clearly expressed its intent to do so, it acted on the basis of an inadequate record and imposed a remedy that is neither congruent nor proportional to the problem it identified."

Prakash v. Parulekar

2020 IL App (1st) 191819 · Appellate Court of Illinois · Dec 3, 2020

The clear language of the Act establishes that it was not intended to protect those who commit tortious acts and then seek refuge in the immunity conferred by the Act. Sandholm, 2012 IL 111443, ¶ 45. … These allegations, if proved, establish the severe emotional distress necessary to the tort.

McCraven v. City of Chicago

18 F. Supp. 2d 877 · District Court, N.D. Illinois · Aug 19, 1998

This is sufficient to take this case outside the intracorporate immunity doctrine. E. Fraud, Misrepresentation, and Deceit Mr. … The City, as a municipality, is immune from punitive damages unless immunity has heen waived. City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 271 , 101 S.Ct. 2748 , 69 L.Ed.2d 616 (1981); Kolar v.

Madison v. City of Chicago

2017 IL App (1st) 160195 · Appellate Court of Illinois · Oct 6, 2017

making no distinction between the first sentence of section 2-101 and the second sentence that lists specific types of claims; our supreme court viewed the claim before it as “excluded” from the Act and did not qualify … To accomplish this, the 2003 amendment used the identical language used in section 13-212(a) of the Code, establishing a two-year limitations period for medical malpractice claims against physicians or

Felix v. City of N.Y.

344 F. Supp. 3d 644 · District Court, S.D. Illinois · Sep 30, 2018

Defendant is correct that courts in this circuit often "favor bifurcating Monell clams," and may do so "even when the individual defendants may assert a defense of qualified immunity such that a finding in their favor does … Aug. 13, 2008) (finding bifurcation inappropriate largely because individual officers had asserted a qualified immunity defense).

Baxter

District Court, S.D. Illinois · Jan 26, 2026

Nevertheless, the Court found Cheadle was entitled to qualified immunity because Baxter had failed to point to any law clearly establishing that Cheadle’s conduct was unconstitutional. … Cheadle has qualified immunity for the federal claims in Counts I and V. Plaintiff retorts, Mr. Cheadle does not have qualified immunity.

Blakemore v. Catholic Charities of the Archdiocese of Chicago

2025 IL App (1st) 240985 · Appellate Court of Illinois · Jun 23, 2025

Department makes no representation that Vendor, an independent contractor, will qualify or be eligible for indemnification under said Act. … the state, implicating sovereign immunity.

Ryan v. Glen Ellyn Raintree Condominium Ass'n

2014 IL App (2d) 130682 · Appellate Court of Illinois · May 27, 2014

And it would amount to a presumption by this Court that the legislature intended to abrogate the common law, where such intent was not clearly or plainly expressed.” … Instead, section 2 eliminates (subject to the “willful or wanton” qualifier) liability for “acts or omissions” in snow and ice removal efforts, i.e., for activity or passivity in such efforts.

Risner v. City of Chicago

150 Ill. App. 3d 827 · Appellate Court of Illinois · Dec 12, 1986

On appeal, plaintiff contends that the trial court’s judgment was based on its erroneous determination that the Local Governmental and Governmental Employees Tort Immunity Act (Governmental Tort Immunity Act) (Ill. Rev. … Clearly, in Palladini, the defendant owed a duty to the plaintiff.